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20130422
20130422
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not suit senator lindsey graham of south carolina. >> i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. i believe such a decision is premature. >> joining us now is ari melber, my colleague and co-host of "the cycle," also a lawyer. ari, at least twice mr. graham said the administration's decision to reject enemy combatant status was, quoting him, premature. do you agree with that? >> i don't. it's weird for senator graham to say it. what is premature is try to assert there would be a direct or substantial link between the suspect and al qaeda. that is the legal requirement to take an american away from the civilian courts and treat them as an enemy combatant. i believe senator graham who has a long history on detention issues and was a lawyer, himself, i think he knows that. because he knows that, he knows he is premature to suggest this when no reliable source and nobody in the government -- >> certainly not yet. >> -- has met that standard. >> let's listen to what senator graham said was his reason for using
to handle suspect who is are american citizens. after his capture on friday, the obama administration announced its decision not to read the suspect his mir anda rights immediately upon arrest. the justice department invoked what is known as the public safety exception, one that enables them to get information relating to a possible imminent attack. immediately after tsarnaev was apprehended, the u.s. attorney in boston, carmen ortiz explained the choice not to read tsarnaev his miranda rights. >> there is a public safety exemption in cases of national security and potential charges involving acts of terrorism. so the government has the opportunity right now. >> the decision was not welcomed by everyone. in a statement the aclu called the move unamerican. explaining every criminal defendant has a right to be brought before a judge and to have access to counsel. we mustwaiveer from our tried and true. urging the administration to go further and declare the suspect an enemy combatant. a move that would strip tsarnaev of his constitutional rights. on fox news sunday, congressman peter ki
. a policy decision the obama administration has made. he was a american citizen and naturalized last september and now a federal law, the national defense authorization act of 2012 that says american citizens cannot be tried in military commission. so it's not -- this debate is not a question about where he should be tried. the republicans who say he should be treated differently, their claim is that while they understand the civilian trial will go forward, they think he should be treated for now as an enemy combatant and questioned without any question about his rights, without any issue about whether information he gives would be used in his trial, and then turn back over to civilian authorities. but, clearly, the justice department will have none of that. that's not how it's going to go. >> he's in a boston hospital under heavy guard and serious condition including a gunshot wound to the throat but he is responding to some questions to a team the federal investigators in writing. any indication as to what he is saying or maybe perhaps just what they are trying to get out of him at
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